Section 4 Unsolicited publications.
A person shall be guilty of an offence if he sends or causes to be sent to another person any book, magazine or leaflet (or advertising material for any such publication) which he knows or ought reasonably to know is unsolicited and which describes or illustrates human sexual techniques.
A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F1£100level 5 on the standard scalefor a first offence and to a fine not exceeding £400level 5 on the standard scalefor any subsequent offence.
A prosecution for an offence under this section shall not in England and Wales be instituted except by, or with the consent of, the Director of Public Prosecutions.
Annotations
Textual amendments
- F1
For “£100,” and “£400” substituted in each case (S) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G
Modifications
- C1
Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)